The biggest hurdle plaintiffs face is the lack of legislative guidelines. Furthermore, due to the many non-specific effects of exposure (the same reason that mycotoxin exposure is neglected or misdiagnosed by medical doctors owing to their likeness to flu and different illnesses), medical science runs into problems establishing a definitive causal link between mold exposure and the injury.

Expert testimony is contestable when scientific consensus is non-existent, so in the end, a lot rides on the personability and crediblity of the expert witness.